It is important that a debtor understands their responsibilities during bankruptcy. These are some of the things a debtor must and must not do;
A debtor must:
- co-operate fully with their trustee at all times; and
- keep their trustee informed of any changes in their circumstances, such as change of address or financial circumstances.
A debtor must not:
- get credit of £500 or more from any lender or supplier without telling them that they are bankrupt. A debtor may be guilty of a criminal offence if they do not inform a lender or supplier of this.
- get any credit for goods or services without telling the lender or supplier that they are bankrupt if they already have credit of £1,000 in total.
- start up a limited company or be involved in the day-to-day management of a limited company.
- act as a Member of Parliament, as a member of any local council, a Justice of the Peace or a member of a school board.
This is not a complete list of the debtors responsibilities. The trustee will explain to the debtor exactly what is expected of them.
If a debtor does not comply with their responsibilities, they may be committing an offence under the Bankruptcy (Scotland) Act 1985 (as amended) and the trustee may report them to the procurator fiscal.
If a debtor fails to co-operate with their trustee, the trustee can also ask the sheriff to extend the period of their bankruptcy.
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